header-logo header-logo

05 May 2023 / Natalie Osafo , Joseph Rossello
Issue: 8023 / Categories: Features , Profession , Disclosure , CPR
printer mail-detail

All change on disclosure?

120980
The new landscape for disclosure: Natalie Osafo & Joseph Rossello set out best practice, the court’s expectations & what lies ahead
  • Recent guidance indicates that the courts expect increased cooperation from parties on disclosure.
  • Judges are imposing tougher sanctions on parties who do not comply with the disclosure rules.
  • A cultural change in parties and lawyers’ approach to disclosure is needed to ensure the UK remains attractive for litigating disputes.

The new rules in Practice Direction 57AD (CPR PD 57AD) are now a permanent fixture of the UK’s disclosure regime.

As we make headway into 2023, now is an apt time to review what the courts expect from parties litigating cases under the new regime. Under the pilot scheme, practitioners were given the benefit of the doubt if they breached the rules. But since the Chancellor of the High Court Sir Julian Flaux gave detailed guidance in January on CPR PD 57AD, we are already seeing judges respond with more severe sanctions for any deliberate breaches of the rules. Practitioners should familiarise themselves with disclosure

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll